H-2378.1 _______________________________________________
SUBSTITUTE HOUSE BILL 1973
_______________________________________________
State of Washington 55th Legislature 1997 Regular Session
By House Committee on Law & Justice (originally sponsored by Representatives Wolfe, Lambert, Gombosky, Scott, Carrell, Keiser, Hatfield, Blalock, Gardner, Tokuda, Cole and Anderson)
Read first time 03/03/97.
AN ACT Relating to a grandparent's visitation rights; and amending RCW 26.09.240.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 26.09.240 and 1996 c 177 s 1 are each amended to read as follows:
(1)(a) A person other than a parent may petition the court for visitation with a child at any time or may intervene in a pending dissolution, legal separation, or modification of parenting plan proceeding. Except as provided in subsection (2) of this section, a person other than a parent may not petition for visitation under this section unless the child's parent or parents have commenced an action under this chapter.
(((2)))
(b) A petition for visitation with a child by a person other than a
parent must be filed in the county in which the child resides.
(((3)))
(c) A petition for visitation or a motion to intervene pursuant to this
section shall be dismissed unless the petitioner or intervenor can demonstrate
by clear and convincing evidence that a significant relationship exists with
the child with whom visitation is sought. If the petition or motion is
dismissed for failure to establish the existence of a significant relationship,
the petitioner or intervenor shall be ordered to pay reasonable attorney's fees
and costs to the parent, parents, other custodian, or representative of the
child who responds to this petition or motion.
(((4)))
(d) The court may order visitation between the petitioner or intervenor
and the child between whom a significant relationship exists upon a finding
supported by the evidence that the visitation is in the child's best interests.
(((5)(a)))
(e)(i) Visitation with a grandparent shall be presumed to be in the
child's best interests when a significant relationship has been shown to
exist. This presumption may be rebutted by a preponderance of evidence showing
that visitation would endanger the child's physical, mental, or emotional
health.
(((b)))
(ii) If the court finds that reasonable visitation by a grandparent
would be in the child's best interest except for hostilities that exist between
the grandparent and one or both of the parents or person with whom the child
lives, the court may set the matter for mediation under RCW 26.09.015.
(((6)))
(f) The court may consider the following factors when making a
determination of the child's best interests:
(((a)))
(i) The strength of the relationship between the child and the
petitioner;
(((b)))
(ii) The relationship between each of the child's parents or the person
with whom the child is residing and the petitioner;
(((c)))
(iii) The nature and reason for either parent's objection to granting
the petitioner visitation;
(((d)))
(iv) The effect that granting visitation will have on the relationship
between the child and the child's parents or the person with whom the child is
residing;
(((e)))
(v) The residential time sharing arrangements between the parents;
(((f)))
(vi) The good faith of the petitioner;
(((g)))
(vii) Any criminal history or history of physical, emotional, or sexual
abuse or neglect by the petitioner; and
(((h)))
(viii) Any other factor relevant to the child's best interest.
(((7)))
(g) The restrictions of RCW 26.09.191 that apply to parents shall be
applied to a petitioner or intervenor who is not a parent. The nature and
extent of visitation, subject to these restrictions, is in the discretion of
the court.
(((8)))
(h) The court may order an investigation and report concerning the
proposed visitation or may appoint a guardian ad litem as provided in RCW
26.09.220.
(((9)))
(i) Visitation granted pursuant to this section shall be incorporated
into the parenting plan for the child.
(((10)))
(j) The court may modify or terminate visitation rights granted pursuant
to this section in any subsequent modification action upon a showing that the
visitation is no longer in the best interest of the child.
(2) A grandparent may petition the superior court for visitation with a child if the parent of the child who is the son or daughter of the grandparent is deceased. The petition must be filed in the county in which the child resides.
(a) The court shall order visitation between the grandparent and the child upon a finding supported by the evidence that the visitation is in the child's best interest.
(b)(i) Visitation with a grandparent is presumed to be in the child's best interest when a significant relationship exists between the child and the grandparent. This presumption may be rebutted by a preponderance of evidence showing that visitation would endanger the child's physical, mental, or emotional health.
(ii) If the court finds that reasonable visitation by a grandparent would be in the child's best interest except for hostilities that exist between the grandparent and the parent or a person with whom the child lives, the court may set the matter for mediation.
(c) The court may consider the factors enumerated in subsection (1)(e) of this section when making a determination of the child's best interests.
(d) The restrictions of RCW 26.09.191 that apply to visitation by parents are applied to a grandparent petitioning under this subsection. The nature and extent of visitation, subject to these restrictions, is in the discretion of the court.
(e) The court may order an investigation and report concerning the proposed visitation or may appoint a guardian ad litem.
(f) The court may modify or terminate visitation rights granted pursuant to this section in any subsequent action upon a showing that the visitation is no longer in the child's best interest.
--- END ---